Answers to the questions landlords ask most often about the Florida eviction process. Written by landlord-side eviction attorneys with 18+ years of experience in Miami-Dade and Broward County courts.
FLA Evictions represents landlords, property owners, and property managers in eviction proceedings throughout Miami-Dade eviction attorney and Broward County and statewide Florida. We never represent tenants. The questions below reflect what landlords ask us most often before starting the eviction process.
Florida law requires written notice before any eviction complaint can be filed. The type of notice depends on the reason for eviction. For nonpayment of rent, a 3-Day Notice to Pay or Vacate is required under Florida Statute 83.56(3). The notice must state the exact rent amount owed, exclude late fees unless the lease specifically authorizes including them, and be served correctly. For lease violations, a 7-Day Notice to Cure or a 7-Day Unconditional Notice applies depending on whether the violation can be corrected. For month-to-month tenancies, 30 days written notice is standard. Section 8 / Housing Choice Voucher tenants require a minimum 60-day written notice under HUD regulations.
The case gets dismissed. A 3-Day Notice with an incorrect rent amount -- whether it is too high or too low, or includes charges the lease does not authorize -- is legally defective. The court will not look past it. The landlord must re-serve a corrected notice and restart the timeline. This is one of the most common and costly errors landlords make when filing without an attorney. At FLA Evictions, we review or prepare every notice before the clock starts.
The 3-day period begins the day after service -- not the day the notice is served. The count excludes Saturdays, Sundays, and Florida legal holidays. If you serve a 3-Day Notice on a Wednesday, Day 1 is Thursday, Day 2 is Friday, and Day 3 is the following Monday (assuming no holidays). You cannot file the eviction complaint until Tuesday at the earliest. Filing even one day early is grounds for dismissal.
If the tenant pays the full amount stated in the notice during the notice period, you must accept the payment and the eviction for that notice cycle cannot proceed. If the tenant tenders a partial payment, you may reject it and proceed. Once you file the eviction complaint, different rules apply -- any payment discussion should go through your attorney before you accept money from the tenant.
An uncontested residential eviction in Florida typically takes 3 to 5 weeks from the date the complaint is filed to execution of the Writ of Possession. In Miami-Dade eviction attorney and Broward County, the timeline depends on court scheduling and sheriff availability. Contested cases where the tenant files an answer and deposits rent into the court registry can take 6 to 12 weeks or longer depending on hearing availability.
The court issues a summons. The summons and complaint are served on the tenant by the sheriff or a certified process server. Under Florida summary eviction procedure, the tenant has 5 business days to file a written response. If the tenant does not respond, the landlord files for default judgment. If the tenant responds, the case proceeds to a hearing before a judge.
Under Florida Statute 83.60(2), when a tenant files an answer to a nonpayment eviction complaint, they must simultaneously deposit the amount of rent claimed in the complaint into the court registry within 5 business days. If the tenant fails to deposit, the landlord files a Motion to Strike Defenses and the court enters default judgment -- no hearing required. This is one of the most powerful tools for landlords in nonpayment cases.
In nonpayment cases, the tenant must deposit the claimed rent into the court registry within 5 business days. If they fail to deposit, their defenses are stricken and you win by default. If they deposit, the court schedules a hearing. FLA Evictions appears and represents landlords at every hearing. Our flat fee covers the standard process including uncontested hearings.
A Writ of Possession is a court order issued after a Final Judgment for Possession is entered in your favor. It authorizes the county sheriff to physically remove the tenant and return possession of the property to you. The sheriff posts a 24-hour notice at the property and then returns to execute the writ. The landlord or a representative must be present. Once the writ is executed, you may change the locks.
FLA Evictions charges a flat fee for eviction representation. You know the full cost before we begin. There are no hourly charges, no billing by the hour, and no surprise invoices if the case takes longer than expected. Court filing fees are separate and vary by case type and county. Call us at (954) 625-9124 or (305) 401-0424 for current fee information.
Florida law allows individual landlords to represent themselves in eviction proceedings. However, procedural errors are common and expensive. A defective notice, an improperly filed complaint, a missed deadline, or a misstep at the hearing can result in dismissal and force you to restart the entire process -- costing weeks of additional time and lost rent. Most landlords find that our flat fee costs far less than one dismissed case.
No. Florida Statute 83.67 prohibits self-help evictions. Changing locks, removing the tenant's belongings, cutting off utilities, or taking any action to deprive the tenant of possession without a court-issued Writ of Possession exposes you to liability for the tenant's actual damages plus up to 3 months' rent in statutory damages. Only the sheriff may lawfully remove a tenant from possession.
Yes. Section 8 tenants have the same obligations under Florida landlord-tenant law as any other tenant. Nonpayment of the tenant's portion of rent, lease violations, and holdover situations are all valid grounds for eviction regardless of subsidy status. However, Section 8 tenancy terminations require a minimum 60-day written notice under HUD regulations -- longer than the standard 30-day notice for market-rate tenants.
Florida law covers tenancies with or without a written lease. Month-to-month oral tenancies are governed by Florida Statute 83.46. A landlord can terminate a month-to-month tenancy with 30 days written notice before the end of the rental period. If the occupant has no rental agreement at all -- never paid rent, was a guest who overstayed, or is a former owner -- the appropriate action may be an unlawful detainer proceeding rather than a standard eviction.
If the tenant has clearly abandoned the unit, Florida law provides a process for the landlord to retake possession without a full eviction proceeding. Abandonment requires specific factual conditions under Florida Statute 83.59. However, proceeding incorrectly can create liability. Contact us before taking action on an abandoned unit so we can confirm whether the legal standard for abandonment has been met.
Yes. We represent commercial landlords throughout Miami-Dade and Broward County on a flat fee basis. Commercial evictions involve different notice requirements and sometimes a different court process than residential evictions. Contact us to discuss your commercial case specifically.
Yes. FLA Evictions handles evictions in all 67 Florida counties. Miami-Dade eviction attorney and Broward are our primary markets, but we regularly handle cases statewide including Palm Beach, St. Lucie, Collier, Hillsborough, Orange, Duval, and throughout Florida.
Have more questions? Call us directly and speak with an attorney. Or submit your case online and we will review your situation and confirm next steps. Flat fee. No surprises. Landlord side only.
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